PERMOD KOHLI, J. - (1.) PETITIONER is an Association of Jharkhand Police, Wireless Officers. This petition is being filed in respect to Order dated 25th July, 2005, issued under Memo No. 1304 RO order No. 312/005 to the extent, it has allowed the benefits of A.C.P. Scheme from the date of passing of Training. The State Government formulated Assured Career Progression Scheme in respect to its employees, whereunder an employee is entitled to be placed in higher pay -scale on completion of 12 years and 24 years of Service during his entire Service Career. In the State of Jharkhand after bifurcation, the benefit was allowed on completion of 12/24 years or 09.08.1999, whichever to later, where at the relevant time, an employer is unable to seek regular promotion. The benefit under the Scheme is available to such of the employees, who are otherwise eligible for regular promotion under the Rules, which, inter alia, also includes passing of the requisite departmental examination wherever prescribed. In the case of A.S.Is. for grant of A.C.P. in the General category Police, 9.8.99 was considered as the cut off date for placement in the higher pay -scale and they were granted the benefit vide order dated 22 nd September, 2003 from the cut off date as prescribed i.e. 09.08.1999. However, in the case of the Officers of the Wireless Department, this benefit has been allowed from the date of passing of the Training. Since the eligible candidates have been granted the benefit vide the impugned order Dated 25th July, 2005, the grievance of the Association is confined only as regards the date of conferment of the benefit. It is stated that in stead of granting benefit with effect from the cut off date i.e. 09.08.1999 as prescribed under the Scheme, they have been granted the benefit of A.C.P. Scheme from the date of passing of the examination as is evident from the impugned order i.e. 25 th July, 2005. Petitioner represented against the decision of the Respondents. The Respondent -State has justified its action on the ground that the benefit of A.C.P. is payable on completion of 12/24 years of continued satisfactory service or from the cut off date i.e. 09.08.1999, whichever is later. It is stated that this benefit is available to such of the candidates, who are otherwise eligible under the Rules, which also includes passing of the departmental examination or any higher qualification as may be essential for such promotion. According to the Respondents passing of the departmental examination in the case of the Wireless Officers is essential in view of the guidelines of D.C.P.W., M.H.A., New Delhi. It is further stated that it being a Technical job, Wireless Training is a necessary component for the grant of promotion. It is also mentioned that under the permission of Ministry of Home Affairs a temporary Grade II, Operator Training Centre has been established in Hazaribagh for Training of 30 persons. In view of the limited number of seats, Training for six months is imparted from time to time. According to the Respondents, the petitioner, namely, Thakur Ajit Kumar passed his Grade I operational Training Examination on 20 th January, 2003, a D.I.G. Board was constituted to grant 24 years A.C.P. benefit to the effected A.S.I.s (Operators). The D.I.G. Board in its meeting on 24 th June, 2004 found him fit for A.C.P. benefit and some Officers were found fit for 24 years A.C.P. benefit from the date of passing Grade II Operational Training Examination i.e. with effect from 20th January, 2001 The Central Selection Board, accordingly, considered the recommendation of the A.C.P. Board on 08 th September, 2006 in Police Headquarter, Ranchi and allowed the benefit from the date of passing Grade II (Recommendation and Operational Examination) i.e. with effect from 20 th January, 2003. The Respondents have also tried to explain that a large number of A.S.Is. in general Police were entitled to be considered for the A.C.P. benefit due to non -availability of promotional vacancies, the Department conducted a short -term Training Course of six weeks for them and granted them the benefit of A.C.P. after imparting Training and the benefit was given to them on completion of 12 years or with effect from the cut off date i.e 09.08.1999, whichever was later in each case. It is, however, stated that in case of Wireless Officers, such benefit has not been given, as the wireless Officers required Technical Training. Petitioners have also placed on record a letter dated 19 th July, 2005 issued by the D.I.G., Police (Personnel), Jharkhand, Ranchi to the Sr. S.P., Ranchi conveying him that the A.C.P. benefits is to be given with effect from the initial date of appointment.
(2.) I have heard learned Counsel appearing for the parties. No doubt that the Training is a compulsory part for grant of promotion under the A.C.P. Scheme. However, it is the Department, who has to depute a person for the Training and the concerned employee has no choice. In the present case, it is stated that only thirty seats were available for imparting Training in the Institute established in the district of Hazaribagh. The Training is for a period of six months. Non -passing of the Examination within 12/24 years is not within the control of the employee as he is to be deputed for the Training by the employer. Therefore, if there is any delay in deputing an employee for Training either due to non -availability of seats in the Training Centre or for any other reason, he cannot be deprived of the benefit of A.C.P. subsequently, when he is considered for such benefit after undergoing Training. On Acquiring Training, such an employee is entitled to the benefit of A.C.P. Scheme retrospectively on completion of 12/24 years of service, irrespective of the fact whether he had acquired such a Training within 12/24 years or not. In the State of Jharkhand, the benefit is to be granted from the cut off date i.e. 09.08.1999 or after completion of 12/24 years of service which ever is later. The stand of the Respondents to deny the benefit of A.C.P. from the cut off date on the ground of acquiring Training later in the lime is not justifiable. This writ petition, accordingly, succeeds and impugned order dated - 25th July, 2005 is hereby quashed to the extent it denies benefit of the A.C.P. to the A.S.I.s of the Wireless Department with effect from the date of completion of 12/24 years of service or cut of date i.e. 9.8.99. Accordingly, Respondents are directed to grant benefit of the A.C.P. Scheme with effect from the cut off date as provided under the A.C.P. Scheme or completion of 12/24 years which ever be later.;